Workplace Health & SafetyLegal Considerations for Risk and Safety Professionals
Will Cadwaladr, Associate
Samantha Ellaby, Senior Associate
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1. Knowing the law
2. Liability – Who could be responsible?
3. Reacting to a workplace incident
4. Practicalities of Police / Public Prosecutor investigation(s)
5. Reducing workplace injuries / fatalities
Workplace Health & Safety
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Employers : UAE Labour Law
Section 5relates to Safety, Protection,
Health and Social Care of
Workers
Includes:
– Provide employees with adequate means of
protection against potential workplace hazards
– Display health and safety instructions in a prominent
place (in Arabic and others languages that the workers
understand)
– First aid box (one per 100 hundred workers) – use
entrusted to first aider
– Provide clean and well ventilated work place with
lighting, drinking water and toilets
– Inform employees of risks associated with work
– Specific obligations for employers at risk of contracting
occupational diseases (e.g. regular check ups)
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Employers : Reporting Obligations (Art 142)
• Arise where employee sustains occupational disease
or injury set out in schedule to Labour Law
• Duty to immediately report to police and MHRE
• Notification should include:
o Details of employee
o Synopsis of incident
o Medical aid or treatment provided
• May have other reporting obligations outside of
Labour Law (to regulatory body, for example)
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Employers : Financial Implications
1. Pay for medical treatment (Article 144)
▪ Includes transport expenses
▪ Only relates to treatment in a local medical centre
▪ Continues until the employee recovers or disability is established.
2. Pay the employee’s salary (Article 145)
▪ Where the employee is unable to work
▪ Full pay for six months or the period of treatment, whichever is shorter
▪ Half pay for a further six months, or until the employee recovers, disability is
established, or the employee dies, whichever occurs first.
3. Compensation (Article 150)
▪ In the case of death or permanent disability
▪ Capped at 24 months’ basic salary at time of death (min = AED18,000 to max =
AED35,000)
▪ Schedules to Labour Law prescribe % of maximum based on severity of disability
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Liability : Who could be responsible?
Multiple types of liability likely to arise in a single case / workplace incident.
Liability may fall to employer of injured / deceased, other companies such as the
main contractor or against individuals within the company.
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Contract
It is not possible to contract out of liability for Workplace Health and Safety in the UAE.
BUT – can enhance statutory minimum position.
If an employment contract contains a more favourable compensation mechanism than
the statutory compensation levels, the contractual position prevails (Cassation No.
607/1997).
Check contracts for contractual obligations relating to health and safety, and insurance
policies.
Potential for breach of contract claim where obligations not met.
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Civil Liability - UAE Civil Code
A person who causes harm to another can be subject to civil liability whether or not
criminal liability is found.
For example:
▪ Article 282 – general obligation to “make good the harm”
▪ Article 313 – vicarious liability of employers for acts of employees in the course
of employment
▪ Article 316 – relates to liability for harm suffered as a result of things or
equipment under his control
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• Employers required to ensure health and safety of employees at
work
• Principal legislation:
- Penal Code (Federal Law 3 of 1987)
- Labour Law (Federal Law 8 of 1980)
- Protection of Workers from Hazardous Works (Ministerial Decision 4/1 of 1981)
- Working in Remote Areas (Ministerial Decision 27/1 of 1981)
- Employee Penalty Guidelines (Ministerial Decision 28/1 of 1981)
- Prevention of Hazards at Work (Ministerial Decision 32 of 1982)
- Standards of Medical Case (Ministerial Decision 37/2 of 1982)
Breach of this duty, leading to death or injury, can give rise to both
financial and criminal penalties
However, personal criminal liability for injuries / fatalities in the
workplace
Criminal Liability
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Article 342 – Death:
“Shall be punishable…any individual who, by his fault, causes the death of
another person. The punishment shall be…if the crime was committed as a
result of the offenders failure to perform the duties imposed on him by the
principles of his function, profession or craft, or if the offender was…in a
state of drunkenness or narcotisation, or if he refrained, at that moment, from
helping the victim or asking for the victims help in spite of the fact that he
was capable of doing so…”
• Punishment is:
- a fine (no amount specified); and
- imprisonment for a minimum of 1 year if 1 person dies (3-7 years if
more than 3 deaths occur); and
- Diya (blood money) also payable – AED200,000
Criminal Liability : UAE Penal Code
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Article 343 - Injury:
“Shall be punishable…any individual who, by his fault, causes injury to the
physical integrity of another person. The punishment shall be…if the crime
was committed as a result of the offenders failure to perform the duties
imposed on him by the principles of his function, profession, craft, or if the
offender was…in a state of drunkenness or narcotisation, or if he refrained,
at that moment, from helping the victim or asking for the victims help in spite
of the fact that he was capable of doing so…”
• Punishment is:
- a fine not exceeding AED10,000; and
- imprisonment not exceeding 1 year; or
- if the individual is permanently disabled, imprisonment not exceeding
2 years
• Arsh is also payable – % of Diya (AED200,000)
Criminal Liability : UAE Penal Code
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• Whenever an incident / fatality occurs in a workplace or site, which results
in either :
Major Injury – medical treatment is administered to an
employee either onsite or at hospital; or
Fatality
The Police must always be notified;
If major injury or fatality, notify Dubai Municipality;
If Explosion, structure collapse or breakdown of any machinery
that could endanger lives, notify Dubai Municipality and Civil
Defence.
There is no codified process for how an investigation will proceed. It will
depend on the nature of the incident.
Reacting to a workplace incident / fatality
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• Trigger internal reporting and investigation procedures
• Implement document protocols and early risk measures
• Prepare internal accident report
• Carry out targeted root-cause analysis
• Submit approved form to Specialised Department at Dubai Municipality
within 72 hours
• Inform Specialised Department of outcome of Police and other authorities’
investigations
• Assess and confirm insurance cover
Criminal Proceedings: Internal Considerations
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• Consider who will remain on site / speak to authorities –training is key
• Anyone who speaks to or is formally interviewed by the Police, Public
Prosecutor or authorities should:
- Only relay first hand information
- Beware of over sharing
- Say “I don’t know” if you don’t know
- Beware of inadvertently admitting responsibility
- Request translator / attendance by Arabic speaker
- Carefully consider which documentation is handed over
- Take unified approach
• Remember – concepts of “legal privilege” and “without prejudice” are not
recognised in the UAE
Criminal Proceedings: Practical Considerations
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• Ensure your company has written procedures for what to do in the event of an
incident on site / in labour accommodation
• Train management and employees on what to expect when a workplace incident
occurs
• Provide training to staff on HSE procedures in their language – keep documentary
records
• Nominate certain manages to act as primary points of contact during an
investigation – ensure those persons are sufficiently trained
• Keep employee records up to date so that standard documents (i.e. passport, visa,
next of kin details) are readily accessible
• Have details of relevant embassies to hand in case repatriation of bodies is
required
• Know the law!
What can you do to prepare for the worst?
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